SB0754 EngrossedLRB103 03208 BMS 48214 b

1    AN ACT concerning regulation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Firearm Owners Identification Card Act is
5amended by changing Sections 1, 1.1, 2, and 3 as follows:
 
6    (430 ILCS 65/1)  (from Ch. 38, par. 83-1)
7    Sec. 1. It is hereby declared as a matter of legislative
8determination that in order to promote and protect the health,
9safety, and welfare of the public, it is necessary and in the
10public interest to provide a system of identifying persons who
11are not qualified to acquire or possess firearms, firearm
12ammunition, prepackaged explosive components, stun guns, and
13tasers within the State of Illinois by the establishment of a
14system of Firearm Owner's Identification Cards, thereby
15establishing a practical and workable system by which law
16enforcement authorities will be afforded an opportunity to
17identify those persons who are prohibited by Section 24-3.1 of
18the Criminal Code of 2012, from acquiring or possessing
19firearms and firearm ammunition and who are prohibited by this
20Act from acquiring stun guns and tasers.
21(Source: P.A. 97-1150, eff. 1-25-13.)
 
22    (430 ILCS 65/1.1)

 

 

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1    Sec. 1.1. For purposes of this Act:
2    "Addicted to narcotics" means a person who has been:
3        (1) convicted of an offense involving the use or
4    possession of cannabis, a controlled substance, or
5    methamphetamine within the past year; or
6        (2) determined by the Illinois State Police to be
7    addicted to narcotics based upon federal law or federal
8    guidelines.
9    "Addicted to narcotics" does not include possession or use
10of a prescribed controlled substance under the direction and
11authority of a physician or other person authorized to
12prescribe the controlled substance when the controlled
13substance is used in the prescribed manner.
14    "Adjudicated as a person with a mental disability" means
15the person is the subject of a determination by a court, board,
16commission or other lawful authority that the person, as a
17result of marked subnormal intelligence, or mental illness,
18mental impairment, incompetency, condition, or disease:
19        (1) presents a clear and present danger to himself,
20    herself, or to others;
21        (2) lacks the mental capacity to manage his or her own
22    affairs or is adjudicated a person with a disability as
23    defined in Section 11a-2 of the Probate Act of 1975;
24        (3) is not guilty in a criminal case by reason of
25    insanity, mental disease or defect;
26        (3.5) is guilty but mentally ill, as provided in

 

 

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1    Section 5-2-6 of the Unified Code of Corrections;
2        (4) is incompetent to stand trial in a criminal case;
3        (5) is not guilty by reason of lack of mental
4    responsibility under Articles 50a and 72b of the Uniform
5    Code of Military Justice, 10 U.S.C. 850a, 876b;
6        (6) is a sexually violent person under subsection (f)
7    of Section 5 of the Sexually Violent Persons Commitment
8    Act;
9        (7) is a sexually dangerous person under the Sexually
10    Dangerous Persons Act;
11        (8) is unfit to stand trial under the Juvenile Court
12    Act of 1987;
13        (9) is not guilty by reason of insanity under the
14    Juvenile Court Act of 1987;
15        (10) is subject to involuntary admission as an
16    inpatient as defined in Section 1-119 of the Mental Health
17    and Developmental Disabilities Code;
18        (11) is subject to involuntary admission as an
19    outpatient as defined in Section 1-119.1 of the Mental
20    Health and Developmental Disabilities Code;
21        (12) is subject to judicial admission as set forth in
22    Section 4-500 of the Mental Health and Developmental
23    Disabilities Code; or
24        (13) is subject to the provisions of the Interstate
25    Agreements on Sexually Dangerous Persons Act.
26    "Clear and present danger" means a person who:

 

 

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1        (1) communicates a serious threat of physical violence
2    against a reasonably identifiable victim or poses a clear
3    and imminent risk of serious physical injury to himself,
4    herself, or another person as determined by a physician,
5    clinical psychologist, or qualified examiner; or
6        (2) demonstrates threatening physical or verbal
7    behavior, such as violent, suicidal, or assaultive
8    threats, actions, or other behavior, as determined by a
9    physician, clinical psychologist, qualified examiner,
10    school administrator, or law enforcement official.
11    "Clinical psychologist" has the meaning provided in
12Section 1-103 of the Mental Health and Developmental
13Disabilities Code.
14    "Controlled substance" means a controlled substance or
15controlled substance analog as defined in the Illinois
16Controlled Substances Act.
17    "Counterfeit" means to copy or imitate, without legal
18authority, with intent to deceive.
19    "Developmental disability" means a severe, chronic
20disability of an individual that:
21        (1) is attributable to a mental or physical impairment
22    or combination of mental and physical impairments;
23        (2) is manifested before the individual attains age
24    22;
25        (3) is likely to continue indefinitely;
26        (4) results in substantial functional limitations in 3

 

 

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1    or more of the following areas of major life activity:
2            (A) Self-care.
3            (B) Receptive and expressive language.
4            (C) Learning.
5            (D) Mobility.
6            (E) Self-direction.
7            (F) Capacity for independent living.
8            (G) Economic self-sufficiency; and
9        (5) reflects the individual's need for a combination
10    and sequence of special, interdisciplinary, or generic
11    services, individualized supports, or other forms of
12    assistance that are of lifelong or extended duration and
13    are individually planned and coordinated.
14    "Federally licensed firearm dealer" means a person who is
15licensed as a federal firearms dealer under Section 923 of the
16federal Gun Control Act of 1968 (18 U.S.C. 923).
17    "Firearm" means any device, by whatever name known, which
18is designed to expel a projectile or projectiles by the action
19of an explosion, expansion of gas or escape of gas; excluding,
20however:
21        (1) any pneumatic gun, spring gun, paint ball gun, or
22    B-B gun which expels a single globular projectile not
23    exceeding .18 inch in diameter or which has a maximum
24    muzzle velocity of less than 700 feet per second;
25        (1.1) any pneumatic gun, spring gun, paint ball gun,
26    or B-B gun which expels breakable paint balls containing

 

 

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1    washable marking colors;
2        (2) any device used exclusively for signaling or
3    safety and required or recommended by the United States
4    Coast Guard or the Interstate Commerce Commission;
5        (3) any device used exclusively for the firing of stud
6    cartridges, explosive rivets or similar industrial
7    ammunition; and
8        (4) an antique firearm (other than a machine-gun)
9    which, although designed as a weapon, the Illinois State
10    Police finds by reason of the date of its manufacture,
11    value, design, and other characteristics is primarily a
12    collector's item and is not likely to be used as a weapon.
13    "Firearm ammunition" means any self-contained cartridge or
14shotgun shell, by whatever name known, which is designed to be
15used or adaptable to use in a firearm; excluding, however:
16        (1) any ammunition exclusively designed for use with a
17    device used exclusively for signaling or safety and
18    required or recommended by the United States Coast Guard
19    or the Interstate Commerce Commission; and
20        (2) any ammunition designed exclusively for use with a
21    stud or rivet driver or other similar industrial
22    ammunition.
23    "Gun show" means an event or function:
24        (1) at which the sale and transfer of firearms is the
25    regular and normal course of business and where 50 or more
26    firearms are displayed, offered, or exhibited for sale,

 

 

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1    transfer, or exchange; or
2        (2) at which not less than 10 gun show vendors
3    display, offer, or exhibit for sale, sell, transfer, or
4    exchange firearms.
5    "Gun show" includes the entire premises provided for an
6event or function, including parking areas for the event or
7function, that is sponsored to facilitate the purchase, sale,
8transfer, or exchange of firearms as described in this
9Section. Nothing in this definition shall be construed to
10exclude a gun show held in conjunction with competitive
11shooting events at the World Shooting Complex sanctioned by a
12national governing body in which the sale or transfer of
13firearms is authorized under subparagraph (5) of paragraph (g)
14of subsection (A) of Section 24-3 of the Criminal Code of 2012.
15    Unless otherwise expressly stated, "gun show" does not
16include training or safety classes, competitive shooting
17events, such as rifle, shotgun, or handgun matches, trap,
18skeet, or sporting clays shoots, dinners, banquets, raffles,
19or any other event where the sale or transfer of firearms is
20not the primary course of business.
21    "Gun show promoter" means a person who organizes or
22operates a gun show.
23    "Gun show vendor" means a person who exhibits, sells,
24offers for sale, transfers, or exchanges any firearms at a gun
25show, regardless of whether the person arranges with a gun
26show promoter for a fixed location from which to exhibit,

 

 

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1sell, offer for sale, transfer, or exchange any firearm.
2    "Intellectual disability" means significantly subaverage
3general intellectual functioning, existing concurrently with
4deficits in adaptive behavior and manifested during the
5developmental period, which is defined as before the age of
622, that adversely affects a child's educational performance.
7    "Involuntarily admitted" has the meaning as prescribed in
8Sections 1-119 and 1-119.1 of the Mental Health and
9Developmental Disabilities Code.
10    "Mental health facility" means any licensed private
11hospital or hospital affiliate, institution, or facility, or
12part thereof, and any facility, or part thereof, operated by
13the State or a political subdivision thereof which provides
14treatment of persons with mental illness and includes all
15hospitals, institutions, clinics, evaluation facilities,
16mental health centers, colleges, universities, long-term care
17facilities, and nursing homes, or parts thereof, which provide
18treatment of persons with mental illness whether or not the
19primary purpose is to provide treatment of persons with mental
20illness.
21    "National governing body" means a group of persons who
22adopt rules and formulate policy on behalf of a national
23firearm sporting organization.
24    "Noncitizen" means a person who is not a citizen of the
25United States, but is a person who is a foreign-born person who
26lives in the United States, has not been naturalized, and is

 

 

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1still a citizen of a foreign country.
2    "Patient" means:
3        (1) a person who is admitted as an inpatient or
4    resident of a public or private mental health facility for
5    mental health treatment under Chapter III of the Mental
6    Health and Developmental Disabilities Code as an informal
7    admission, a voluntary admission, a minor admission, an
8    emergency admission, or an involuntary admission, unless
9    the treatment was solely for an alcohol abuse disorder; or
10        (2) a person who voluntarily or involuntarily receives
11    mental health treatment as an out-patient or is otherwise
12    provided services by a public or private mental health
13    facility and who poses a clear and present danger to
14    himself, herself, or others.
15    "Physician" has the meaning as defined in Section 1-120 of
16the Mental Health and Developmental Disabilities Code.
17    "Prepackaged explosive components" has the same meaning
18ascribed to the term in Section 24-4.3 of the Criminal Code of
192012.
20    "Protective order" means any orders of protection issued
21under the Illinois Domestic Violence Act of 1986, stalking no
22contact orders issued under the Stalking No Contact Order Act,
23civil no contact orders issued under the Civil No Contact
24Order Act, and firearms restraining orders issued under the
25Firearms Restraining Order Act or a substantially similar
26order issued by the court of another state, tribe, or United

 

 

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1States territory or military tribunal.
2    "Qualified examiner" has the meaning provided in Section
31-122 of the Mental Health and Developmental Disabilities
4Code.
5    "Sanctioned competitive shooting event" means a shooting
6contest officially recognized by a national or state shooting
7sport association, and includes any sight-in or practice
8conducted in conjunction with the event.
9    "School administrator" means the person required to report
10under the School Administrator Reporting of Mental Health
11Clear and Present Danger Determinations Law.
12    "Stun gun or taser" has the meaning ascribed to it in
13Section 24-1 of the Criminal Code of 2012.
14(Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21;
15102-813, eff. 5-13-22; 102-890, eff. 5-19-22; 102-972, eff.
161-1-23; 102-1030, eff. 5-27-22; revised 12-14-22.)
 
17    (430 ILCS 65/2)  (from Ch. 38, par. 83-2)
18    Sec. 2. Firearm Owner's Identification Card required;
19exceptions.
20    (a) (1) No person may acquire or possess any firearm,
21prepackaged explosive components, stun gun, or taser within
22this State without having in his or her possession a Firearm
23Owner's Identification Card previously issued in his or her
24name by the Illinois State Police under the provisions of this
25Act.

 

 

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1    (2) No person may acquire or possess firearm ammunition
2within this State without having in his or her possession a
3Firearm Owner's Identification Card previously issued in his
4or her name by the Illinois State Police under the provisions
5of this Act.
6    (b) The provisions of this Section regarding the
7possession of firearms, firearm ammunition, stun guns, and
8tasers do not apply to:
9        (1) United States Marshals, while engaged in the
10    operation of their official duties;
11        (2) Members of the Armed Forces of the United States
12    or the National Guard, while engaged in the operation of
13    their official duties;
14        (3) Federal officials required to carry firearms,
15    while engaged in the operation of their official duties;
16        (4) Members of bona fide veterans organizations which
17    receive firearms directly from the armed forces of the
18    United States, while using the firearms for ceremonial
19    purposes with blank ammunition;
20        (5) Nonresident hunters during hunting season, with
21    valid nonresident hunting licenses and while in an area
22    where hunting is permitted; however, at all other times
23    and in all other places these persons must have their
24    firearms unloaded and enclosed in a case;
25        (6) Those hunters exempt from obtaining a hunting
26    license who are required to submit their Firearm Owner's

 

 

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1    Identification Card when hunting on Department of Natural
2    Resources owned or managed sites;
3        (7) Nonresidents while on a firing or shooting range
4    recognized by the Illinois State Police; however, these
5    persons must at all other times and in all other places
6    have their firearms unloaded and enclosed in a case;
7        (8) Nonresidents while at a firearm showing or display
8    recognized by the Illinois State Police; however, at all
9    other times and in all other places these persons must
10    have their firearms unloaded and enclosed in a case;
11        (9) Nonresidents whose firearms are unloaded and
12    enclosed in a case;
13        (10) Nonresidents who are currently licensed or
14    registered to possess a firearm in their resident state;
15        (11) Unemancipated minors while in the custody and
16    immediate control of their parent or legal guardian or
17    other person in loco parentis to the minor if the parent or
18    legal guardian or other person in loco parentis to the
19    minor has a currently valid Firearm Owner's Identification
20    Card;
21        (12) Color guards of bona fide veterans organizations
22    or members of bona fide American Legion bands while using
23    firearms for ceremonial purposes with blank ammunition;
24        (13) Nonresident hunters whose state of residence does
25    not require them to be licensed or registered to possess a
26    firearm and only during hunting season, with valid hunting

 

 

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1    licenses, while accompanied by, and using a firearm owned
2    by, a person who possesses a valid Firearm Owner's
3    Identification Card and while in an area within a
4    commercial club licensed under the Wildlife Code where
5    hunting is permitted and controlled, but in no instance
6    upon sites owned or managed by the Department of Natural
7    Resources;
8        (14) Resident hunters who are properly authorized to
9    hunt and, while accompanied by a person who possesses a
10    valid Firearm Owner's Identification Card, hunt in an area
11    within a commercial club licensed under the Wildlife Code
12    where hunting is permitted and controlled; and
13        (15) A person who is otherwise eligible to obtain a
14    Firearm Owner's Identification Card under this Act and is
15    under the direct supervision of a holder of a Firearm
16    Owner's Identification Card who is 21 years of age or
17    older while the person is on a firing or shooting range or
18    is a participant in a firearms safety and training course
19    recognized by a law enforcement agency or a national,
20    statewide shooting sports organization.
21    (c) The provisions of this Section regarding the
22acquisition and possession of firearms, firearm ammunition,
23prepackaged explosive components, stun guns, and tasers do not
24apply to law enforcement officials of this or any other
25jurisdiction, while engaged in the performance operation of
26their official duties.

 

 

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1    (c-5) The provisions of paragraphs (1) and (2) of
2subsection (a) of this Section regarding the possession of
3firearms and firearm ammunition do not apply to the holder of a
4valid concealed carry license issued under the Firearm
5Concealed Carry Act who is in physical possession of the
6concealed carry license.
7    (c-10) The provisions of paragraph (1) of subsection (a)
8of this Section regarding the acquisition and possession of
9prepackaged explosive components do not apply to:
10            (1) Members of the Armed Services or Reserves
11    Forces of the United States or the Illinois National Guard
12    while in the performance of their official duty.
13            (2) Persons licensed under State and federal law
14    to manufacture, import, or sell prepackaged explosive
15    components, and actually engaged in that business, but
16    only with respect to activities which are within the
17    lawful scope of the business, including the manufacture,
18    transportation, or testing of prepackaged explosive
19    components.
20            (3) Contractors or subcontractors engaged in the
21    manufacture, transport, testing, delivery, transfer or
22    sale, and lawful experimental activities under a contract
23    or subcontract for the development and supply of the
24    product to the United States government or any branch of
25    the Armed Forces of the United States, when those
26    activities are necessary and incident to fulfilling the

 

 

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1    terms of the contract. The exemption granted under this
2    paragraph (3) shall also apply to any authorized agent of
3    any contractor or subcontractor described in this
4    paragraph (3) who is operating within the scope of his or
5    her employment, when the activities involving the
6    prepackaged explosive components are necessary and
7    incident to fulfilling the terms of the contract.
8            (4) Sales clerks or retail merchants selling or
9    transferring prepackaged explosive components.
10    (d) Any person who becomes a resident of this State, who is
11not otherwise prohibited from obtaining, possessing, or using
12a firearm or firearm ammunition, shall not be required to have
13a Firearm Owner's Identification Card to possess firearms or
14firearms ammunition until 60 calendar days after he or she
15obtains an Illinois driver's license or Illinois
16Identification Card.
17(Source: P.A. 102-538, eff. 8-20-21; 102-1116, eff. 1-10-23.)
 
18    (430 ILCS 65/3)  (from Ch. 38, par. 83-3)
19    (Text of Section before amendment by P.A. 102-237)
20    Sec. 3. (a) Except as provided in Section 3a, no person may
21knowingly transfer, or cause to be transferred, any firearm,
22firearm ammunition, prepackaged explosive components, stun
23gun, or taser to any person within this State unless the
24transferee with whom he deals displays either: (1) a currently
25valid Firearm Owner's Identification Card which has previously

 

 

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1been issued in his or her name by the Illinois State Police
2under the provisions of this Act; or (2) a currently valid
3license to carry a concealed firearm which has previously been
4issued in his or her name by the Illinois State Police under
5the Firearm Concealed Carry Act. In addition, all firearm,
6stun gun, and taser transfers by federally licensed firearm
7dealers are subject to Section 3.1.
8    (a-5) Any person who is not a federally licensed firearm
9dealer and who desires to transfer or sell a firearm while that
10person is on the grounds of a gun show must, before selling or
11transferring the firearm, request the Illinois State Police to
12conduct a background check on the prospective recipient of the
13firearm in accordance with Section 3.1.
14    (a-10) Notwithstanding item (2) of subsection (a) of this
15Section, any person who is not a federally licensed firearm
16dealer and who desires to transfer or sell a firearm or
17firearms to any person who is not a federally licensed firearm
18dealer shall, before selling or transferring the firearms,
19contact a federal firearm license dealer under paragraph (1)
20of subsection (a-15) of this Section to conduct the transfer
21or the Illinois State Police with the transferee's or
22purchaser's Firearm Owner's Identification Card number to
23determine the validity of the transferee's or purchaser's
24Firearm Owner's Identification Card under State and federal
25law including the National Instant Criminal Background Check
26System. This subsection shall not be effective until July 1,

 

 

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12023. Until that date the transferor shall contact the
2Illinois State Police with the transferee's or purchaser's
3Firearm Owner's Identification Card number to determine the
4validity of the card. The Illinois State Police may adopt
5rules concerning the implementation of this subsection. The
6Illinois State Police shall provide the seller or transferor
7an approval number if the purchaser's Firearm Owner's
8Identification Card is valid. Approvals issued by the Illinois
9State Police for the purchase of a firearm pursuant to this
10subsection are valid for 30 days from the date of issue.
11    (a-15) The provisions of subsection (a-10) of this Section
12do not apply to:
13        (1) transfers that occur at the place of business of a
14    federally licensed firearm dealer, if the federally
15    licensed firearm dealer conducts a background check on the
16    prospective recipient of the firearm in accordance with
17    Section 3.1 of this Act and follows all other applicable
18    federal, State, and local laws as if he or she were the
19    seller or transferor of the firearm, although the dealer
20    is not required to accept the firearm into his or her
21    inventory. The purchaser or transferee may be required by
22    the federally licensed firearm dealer to pay a fee not to
23    exceed $25 per firearm, which the dealer may retain as
24    compensation for performing the functions required under
25    this paragraph, plus the applicable fees authorized by
26    Section 3.1;

 

 

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1        (2) transfers as a bona fide gift to the transferor's
2    husband, wife, son, daughter, stepson, stepdaughter,
3    father, mother, stepfather, stepmother, brother, sister,
4    nephew, niece, uncle, aunt, grandfather, grandmother,
5    grandson, granddaughter, father-in-law, mother-in-law,
6    son-in-law, or daughter-in-law;
7        (3) transfers by persons acting pursuant to operation
8    of law or a court order;
9        (4) transfers on the grounds of a gun show under
10    subsection (a-5) of this Section;
11        (5) the delivery of a firearm by its owner to a
12    gunsmith for service or repair, the return of the firearm
13    to its owner by the gunsmith, or the delivery of a firearm
14    by a gunsmith to a federally licensed firearms dealer for
15    service or repair and the return of the firearm to the
16    gunsmith;
17        (6) temporary transfers that occur while in the home
18    of the unlicensed transferee, if the unlicensed transferee
19    is not otherwise prohibited from possessing firearms and
20    the unlicensed transferee reasonably believes that
21    possession of the firearm is necessary to prevent imminent
22    death or great bodily harm to the unlicensed transferee;
23        (7) transfers to a law enforcement or corrections
24    agency or a law enforcement or corrections officer acting
25    within the course and scope of his or her official duties;
26        (8) transfers of firearms that have been rendered

 

 

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1    permanently inoperable to a nonprofit historical society,
2    museum, or institutional collection; and
3        (9) transfers to a person who is exempt from the
4    requirement of possessing a Firearm Owner's Identification
5    Card under Section 2 of this Act.
6    (a-20) The Illinois State Police shall develop an
7Internet-based system for individuals to determine the
8validity of a Firearm Owner's Identification Card prior to the
9sale or transfer of a firearm. The Illinois State Police shall
10have the Internet-based system updated and available for use
11by January 1, 2024. The Illinois State Police shall adopt
12rules not inconsistent with this Section to implement this
13system, but no rule shall allow the Illinois State Police to
14retain records in contravention of State and federal law.
15    (a-25) On or before January 1, 2022, the Illinois State
16Police shall develop an Internet-based system upon which the
17serial numbers of firearms that have been reported stolen are
18available for public access for individuals to ensure any
19firearms are not reported stolen prior to the sale or transfer
20of a firearm under this Section. The Illinois State Police
21shall have the Internet-based system completed and available
22for use by July 1, 2022. The Illinois State Police shall adopt
23rules not inconsistent with this Section to implement this
24system.
25    (b) Any person within this State who transfers or causes
26to be transferred any firearm, prepackaged explosive

 

 

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1components, stun gun, or taser shall keep a record of the such
2transfer for a period of 10 years from the date of transfer.
3Any person within this State who receives any firearm,
4prepackaged explosive components, stun gun, or taser pursuant
5to subsection (a-10) shall provide a record of the transfer
6within 10 days of the transfer to a federally licensed firearm
7dealer and shall not be required to maintain a transfer
8record. The federally licensed firearm dealer shall maintain
9the transfer record for 20 years from the date of receipt. A
10federally licensed firearm dealer may charge a fee not to
11exceed $25 to retain the record. The record shall be provided
12and maintained in either an electronic or paper format. The
13federally licensed firearm dealer shall not be liable for the
14accuracy of any information in the transfer record submitted
15pursuant to this Section. Such records shall contain the date
16of the transfer; the description, serial number or other
17information identifying the firearm, prepackaged explosive
18components, stun gun, or taser if no serial number is
19available; and, if the transfer was completed within this
20State, the transferee's Firearm Owner's Identification Card
21number and any approval number or documentation provided by
22the Illinois State Police under pursuant to subsection (a-10)
23of this Section; if the transfer was not completed within this
24State, the record shall contain the name and address of the
25transferee. On or after January 1, 2006, the record shall
26contain the date of application for transfer of the firearm.

 

 

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1On demand of a peace officer the such transferor shall produce
2for inspection such record of transfer. For any transfer
3pursuant to subsection (a-10) of this Section, on the demand
4of a peace officer, the such transferee shall identify the
5federally licensed firearm dealer maintaining the transfer
6record. If the transfer or sale took place at a gun show, the
7record shall include the unique identification number. Failure
8to record the unique identification number or approval number
9is a petty offense. For transfers of a firearm, prepackaged
10explosive components, stun gun, or taser made on or after
11January 18, 2019 (the effective date of Public Act 100-1178),
12failure by the private seller to maintain the transfer records
13in accordance with this Section, or failure by a transferee
14pursuant to subsection a-10 of this Section to identify the
15federally licensed firearm dealer maintaining the transfer
16record, is a Class A misdemeanor for the first offense and a
17Class 4 felony for a second or subsequent offense occurring
18within 10 years of the first offense and the second offense was
19committed after conviction of the first offense. Whenever any
20person who has not previously been convicted of any violation
21of subsection (a-5), the court may grant supervision pursuant
22to and consistent with the limitations of Section 5-6-1 of the
23Unified Code of Corrections. A transferee or transferor shall
24not be criminally liable under this Section provided that he
25or she provides the Illinois State Police with the transfer
26records in accordance with procedures established by the

 

 

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1Illinois State Police. The Illinois State Police shall
2establish, by rule, a standard form on its website.
3    (b-5) Any resident may purchase ammunition from a person
4within or outside of Illinois if shipment is by United States
5mail or by a private express carrier authorized by federal law
6to ship ammunition. Any resident purchasing ammunition within
7or outside the State of Illinois must provide the seller with a
8copy of his or her valid Firearm Owner's Identification Card
9or valid concealed carry license and either his or her
10Illinois driver's license or Illinois State Identification
11Card prior to the shipment of the ammunition. The ammunition
12may be shipped only to an address on either of those 2
13documents.
14    (c) The provisions of this Section regarding the transfer
15of firearm ammunition shall not apply to those persons
16specified in paragraph (b) of Section 2 of this Act.
17(Source: P.A. 102-538, eff. 8-20-21; 102-813, eff. 5-13-22;
18102-1116, eff. 1-10-23.)
 
19    (Text of Section after amendment by P.A. 102-237)
20    Sec. 3. (a) Except as provided in Section 3a, no person may
21knowingly transfer, or cause to be transferred, any firearm,
22firearm ammunition, prepackaged explosive components, stun
23gun, or taser to any person within this State unless the
24transferee with whom he deals displays either: (1) a currently
25valid Firearm Owner's Identification Card which has previously

 

 

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1been issued in his or her name by the Illinois State Police
2under the provisions of this Act; or (2) a currently valid
3license to carry a concealed firearm which has previously been
4issued in his or her name by the Illinois State Police under
5the Firearm Concealed Carry Act. In addition, all firearm,
6stun gun, and taser transfers by federally licensed firearm
7dealers are subject to Section 3.1.
8    (a-5) Any person who is not a federally licensed firearm
9dealer and who desires to transfer or sell a firearm while that
10person is on the grounds of a gun show must, before selling or
11transferring the firearm, request the Illinois State Police to
12conduct a background check on the prospective recipient of the
13firearm in accordance with Section 3.1.
14    (a-10) Notwithstanding item (2) of subsection (a) of this
15Section, any person who is not a federally licensed firearm
16dealer and who desires to transfer or sell a firearm or
17firearms to any person who is not a federally licensed firearm
18dealer shall, before selling or transferring the firearms,
19contact a federal firearm license dealer under paragraph (1)
20of subsection (a-15) of this Section to conduct the transfer
21or the Illinois State Police with the transferee's or
22purchaser's Firearm Owner's Identification Card number to
23determine the validity of the transferee's or purchaser's
24Firearm Owner's Identification Card under State and federal
25law, including the National Instant Criminal Background Check
26System. This subsection shall not be effective until July 1,

 

 

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12023. Until that date the transferor shall contact the
2Illinois State Police with the transferee's or purchaser's
3Firearm Owner's Identification Card number to determine the
4validity of the card. The Illinois State Police may adopt
5rules concerning the implementation of this subsection. The
6Illinois State Police shall provide the seller or transferor
7an approval number if the purchaser's Firearm Owner's
8Identification Card is valid. Approvals issued by the Illinois
9State Police for the purchase of a firearm pursuant to this
10subsection are valid for 30 days from the date of issue.
11    (a-15) The provisions of subsection (a-10) of this Section
12do not apply to:
13        (1) transfers that occur at the place of business of a
14    federally licensed firearm dealer, if the federally
15    licensed firearm dealer conducts a background check on the
16    prospective recipient of the firearm in accordance with
17    Section 3.1 of this Act and follows all other applicable
18    federal, State, and local laws as if he or she were the
19    seller or transferor of the firearm, although the dealer
20    is not required to accept the firearm into his or her
21    inventory. The purchaser or transferee may be required by
22    the federally licensed firearm dealer to pay a fee not to
23    exceed $25 per firearm, which the dealer may retain as
24    compensation for performing the functions required under
25    this paragraph, plus the applicable fees authorized by
26    Section 3.1;

 

 

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1        (2) transfers as a bona fide gift to the transferor's
2    husband, wife, son, daughter, stepson, stepdaughter,
3    father, mother, stepfather, stepmother, brother, sister,
4    nephew, niece, uncle, aunt, grandfather, grandmother,
5    grandson, granddaughter, father-in-law, mother-in-law,
6    son-in-law, or daughter-in-law;
7        (3) transfers by persons acting pursuant to operation
8    of law or a court order;
9        (4) transfers on the grounds of a gun show under
10    subsection (a-5) of this Section;
11        (5) the delivery of a firearm by its owner to a
12    gunsmith for service or repair, the return of the firearm
13    to its owner by the gunsmith, or the delivery of a firearm
14    by a gunsmith to a federally licensed firearms dealer for
15    service or repair and the return of the firearm to the
16    gunsmith;
17        (6) temporary transfers that occur while in the home
18    of the unlicensed transferee, if the unlicensed transferee
19    is not otherwise prohibited from possessing firearms and
20    the unlicensed transferee reasonably believes that
21    possession of the firearm is necessary to prevent imminent
22    death or great bodily harm to the unlicensed transferee;
23        (7) transfers to a law enforcement or corrections
24    agency or a law enforcement or corrections officer acting
25    within the course and scope of his or her official duties;
26        (8) transfers of firearms that have been rendered

 

 

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1    permanently inoperable to a nonprofit historical society,
2    museum, or institutional collection; and
3        (9) transfers to a person who is exempt from the
4    requirement of possessing a Firearm Owner's Identification
5    Card under Section 2 of this Act.
6    (a-20) The Illinois State Police shall develop an
7Internet-based system for individuals to determine the
8validity of a Firearm Owner's Identification Card prior to the
9sale or transfer of a firearm. The Illinois State Police shall
10have the Internet-based system updated and available for use
11by January 1, 2024. The Illinois State Police shall adopt
12rules not inconsistent with this Section to implement this
13system; but no rule shall allow the Illinois State Police to
14retain records in contravention of State and federal law.
15    (a-25) On or before January 1, 2022, the Illinois State
16Police shall develop an Internet-based system upon which the
17serial numbers of firearms that have been reported stolen are
18available for public access for individuals to ensure any
19firearms are not reported stolen prior to the sale or transfer
20of a firearm under this Section. The Illinois State Police
21shall have the Internet-based system completed and available
22for use by July 1, 2022. The Illinois State Police shall adopt
23rules not inconsistent with this Section to implement this
24system.
25    (b) Any person within this State who transfers or causes
26to be transferred any firearm, prepackaged explosive

 

 

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1components, stun gun, or taser shall keep a record of such
2transfer for a period of 10 years from the date of transfer.
3Any person within this State who receives any firearm,
4prepackaged explosive components, stun gun, or taser pursuant
5to subsection (a-10) shall provide a record of the transfer
6within 10 days of the transfer to a federally licensed firearm
7dealer and shall not be required to maintain a transfer
8record. The federally licensed firearm dealer shall maintain
9the transfer record for 20 years from the date of receipt. A
10federally licensed firearm dealer may charge a fee not to
11exceed $25 to retain the record. The record shall be provided
12and maintained in either an electronic or paper format. The
13federally licensed firearm dealer shall not be liable for the
14accuracy of any information in the transfer record submitted
15pursuant to this Section. Such records shall contain the date
16of the transfer; the description, serial number or other
17information identifying the firearm, prepackaged explosive
18components, stun gun, or taser if no serial number is
19available; and, if the transfer was completed within this
20State, the transferee's Firearm Owner's Identification Card
21number and any approval number or documentation provided by
22the Illinois State Police pursuant to subsection (a-10) of
23this Section; if the transfer was not completed within this
24State, the record shall contain the name and address of the
25transferee. On or after January 1, 2006, the record shall
26contain the date of application for transfer of the firearm.

 

 

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1On demand of a peace officer the such transferor shall produce
2for inspection the such record of transfer. For any transfer
3pursuant to subsection (a-10) of this Section, on the demand
4of a peace officer, the such transferee shall identify the
5federally licensed firearm dealer maintaining the transfer
6record. If the transfer or sale took place at a gun show, the
7record shall include the unique identification number. Failure
8to record the unique identification number or approval number
9is a petty offense. For transfers of a firearm, stun gun, or
10taser made on or after January 18, 2019 (the effective date of
11Public Act 100-1178), failure by the private seller to
12maintain the transfer records in accordance with this Section,
13or failure by a transferee pursuant to subsection a-10 of this
14Section to identify the federally licensed firearm dealer
15maintaining the transfer record, is a Class A misdemeanor for
16the first offense and a Class 4 felony for a second or
17subsequent offense occurring within 10 years of the first
18offense and the second offense was committed after conviction
19of the first offense. Whenever any person who has not
20previously been convicted of any violation of subsection
21(a-5), the court may grant supervision pursuant to and
22consistent with the limitations of Section 5-6-1 of the
23Unified Code of Corrections. A transferee or transferor shall
24not be criminally liable under this Section provided that he
25or she provides the Illinois State Police with the transfer
26records in accordance with procedures established by the

 

 

SB0754 Engrossed- 29 -LRB103 03208 BMS 48214 b

1Illinois State Police. The Illinois State Police shall
2establish, by rule, a standard form on its website.
3    (b-5) Any resident may purchase ammunition from a person
4within or outside of Illinois if shipment is by United States
5mail or by a private express carrier authorized by federal law
6to ship ammunition. Any resident purchasing ammunition within
7or outside the State of Illinois must provide the seller with a
8copy of his or her valid Firearm Owner's Identification Card
9or valid concealed carry license and either his or her
10Illinois driver's license or Illinois State Identification
11Card prior to the shipment of the ammunition. The ammunition
12may be shipped only to an address on either of those 2
13documents.
14    (c) The provisions of this Section regarding the transfer
15of firearm ammunition shall not apply to those persons
16specified in paragraph (b) of Section 2 of this Act.
17(Source: P.A. 102-237, eff. 1-1-24; 102-538, eff. 8-20-21;
18102-813, eff. 5-13-22; 102-1116, eff. 1-10-23.)
 
19    Section 10. The Criminal Code of 2012 is amended by adding
20Section 24-4.3 as follows:
 
21    (720 ILCS 5/24-4.3 new)
22    Sec. 24-4.3. Unlawful sale or delivery of prepackaged
23explosive components.
24    (a) A person commits unlawful sale or delivery of

 

 

SB0754 Engrossed- 30 -LRB103 03208 BMS 48214 b

1prepackaged explosive components when he or she knowingly does
2any of the following:
3        (1) Sells or gives prepackaged explosive components to
4    a person who is disqualified under the Firearm Owners
5    Identification Card Act.
6        (2) Sells or transfers prepackaged explosive
7    components to a person who does not display to the seller
8    or transferor of the prepackaged explosive components a
9    currently valid Firearm Owner's Identification Card that
10    has previously been issued in the transferee's name by the
11    Department of State Police under the Firearm Owners
12    Identification Card Act. This paragraph (2) does not apply
13    to the transfer of prepackaged explosive components to a
14    person who is exempt from the requirement of possessing a
15    Firearm Owner's Identification Card under Section 2 of the
16    Firearm Owners Identification Card Act. For the purposes
17    of this Section, a currently valid Firearm Owner's
18    Identification Card means a Firearm Owner's Identification
19    Card that has not expired.
20        (3) Sells or gives prepackaged explosive components
21    while engaged in the business of selling prepackaged
22    explosive components at wholesale or retail without being
23    licensed as a federal firearms dealer under Section 923 of
24    the federal Gun Control Act of 1968 (18 U.S.C. 923). In
25    this paragraph (3), a person "engaged in the business"
26    means a person who devotes time, attention, and labor to

 

 

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1    engaging in the activity as a regular course of trade or
2    business with the principal objective of livelihood and
3    profit.
4    (b) For the purposes of this Section, "prepackaged
5explosive components" means a prepackaged product containing 2
6or more unmixed, commercially manufactured chemical substances
7that are not independently classified as explosives but which,
8when mixed or combined, results in an explosive material
9subject to regulation by the federal Bureau of Alcohol,
10Tobacco, Firearms, and Explosives under Title 27 CFR Part 555.
11    (c) All sellers or transferors who have complied with the
12requirements of this Section shall not be liable for damages
13in any civil action arising from the use or misuse by the
14transferee of the prepackaged explosive components
15transferred, except for willful or wanton misconduct on the
16part of the seller or transferor.
17    (d) Sentence. Any person who is convicted of unlawful sale
18or delivery of prepackaged explosive components commits a
19Class 4 felony.
 
20    Section 95. No acceleration or delay. Where this Act makes
21changes in a statute that is represented in this Act by text
22that is not yet or no longer in effect (for example, a Section
23represented by multiple versions), the use of that text does
24not accelerate or delay the taking effect of (i) the changes
25made by this Act or (ii) provisions derived from any other

 

 

SB0754 Engrossed- 32 -LRB103 03208 BMS 48214 b

1Public Act.
 
2    Section 99. Effective date. This Act takes effect July 1,
32023.